Department of Justice Sec. Leila de Lima. INQUIRER FILE PHOTO
MANILA, Philippines—Pagadian City Regional Trial Court Branch 20 Judge Dennis Bicoy has been designated to handle the two syndicated estafa cases filed against officials of Aman Futures Group Philippines, the company implicated in what is considered to be the biggest Ponzi scheme in the country.
At a press conference, Justice Secretary Leila De Lima said she will order the special panel of prosecutors to immediately file a motion asking the court to issue a warrant of arrest against the respondents.
In a resolution, the DOJ, through its special panel of prosecutors led by Senior Assistant State Prosecutor Edna Valenzuela, slapped syndicated estafa case against Aman founder Manuel Amalilio, incorporators Fernando Luna, Nimfa Luna, Lelian Lim Gan, Eduardo Lim, Wilanie Fuentes, Naezelle Rodriguez and Lurix Lopez. The case is for defrauding investor-complainants of a total amount of P46,665,069.56.
However, the DOJ dismissed the complaint against Aman’s legal counsel and corporate secretary Isagani Laluna for lack of evidence.
The DOJ stated that all elements of the alleged offense were present in the case. The panel further said respondents “conspired and cooperated with each other in luring the public to invest in Aman Futures, making the public believe that Aman Futures is a legitimate business entity capable of paying them a higher rate of return on their investments.”
“[T]he general public, including herein complainants, relied on such false pretenses and fraudulent representations that induced them to part with and deliver their money to Aman Futures,” the resolution stated.
On the second case, the DOJ found basis to file a separate syndicated estafa case against the same respondents and included in the case are Dhurwen Wenceslao and Dona Coyme for defrauding investors of some P43.241 million.
At the same time, the panel of prosecutors also recommended the further investigation and filing of appropriate case by the Securities and Exchange Commission against Amalilio, Fernando Luna, Gan Lim, Fuentes, Rodriguez and Lopez.
The DOJ said Aman Futures was organized for purposes of engaging in ordinary trading and did not possess the authority to engage in commodity futures trading, management of funds or investments.
“Thus, in soliciting and receiving funds for commodity futures trading, Aman Futures falsely represented to the public that it possesses the authority and/or qualification to engage in such,” the resolution stated.
Meanwhile, the DOJ dismissed the case against Reggie Luna, Vanessa Gilbolingo, Araceli Pasco-Julian, Jiesvey Caballero, Alfreda Marilous Caballero, Rogelio Caballero, Marichu Caballero, Roderick Luna, Edwin Caballero, Liezel Paner, Connie Flor Paner, Edward Amaro, Marion Paul Paner, Elen Tan, Judy Amaro, Mike Heres, Alfredo Aspera Jr., Grace Empalmado, Ariel Empalmado, Toto Roda, Noel Luna, Liezel Pabe, Marcelo Andale, Martin Eric Louis Lasaca, Connie Pabe, Shiela Luna Lasaca, PO2 Ariel Real, Ernesto Luna Sr., Noel Luna and PO3 Rey Chang for insufficiency of evidence.
“The fact that the said respondents worked in the company which defrauded complainants and other people in Pagadian City does not automatically make them conspirators in the crime committed by their employers,” the resolution read.
Syndicated estafa is a non-bailable offense.